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Deekshit C vs Aishwarya T L Also Known Lakshmi D/O Sri Lokesh T L

Karnataka High Court · Decided on 24 April 2026 · Citation: (2026) 04 KAR CK 1181

HON’BLE JUDGES
Jayant Banerji, J · Rajesh Rai K, J
ACTS & SECTIONS REFERRED
Hindu Marriage Act, 1955 — Section 13(1)(ia), 13B
RESULT
Disposed Of
CASE NUMBER
Miscellaneous First Appeal No. 3668 Of 2022 (FC)
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Judgment

8 paragraphs · 405 words

Jayant Banerji, J

1.

The report of the Karnataka Mediation Centre dated 07.04.2026 is on record which reflects that the parties have entered into a settlement.

2.

The parties are present in Court, who have been identified by their respective advocates. The memorandum of settlement dated 07.04.2026 bears the signatures of the parties whose signatures are verified by their advocates. The parties state that the memorandum of settlement reflects the terms on which the parties have settled of their own free-will and accord without any undue influence or coercion.

3.

The terms of the settlement have been perused by us. An amount of Rs.15,00,000/- has been paid today by means of demand draft in favour of the minor son and another demand draft of Rs.15,00,000/- in favour of the wife, which two demand drafts have today been handed over to the wife in the presence of their counsel. The wedding valuables have been returned by the appellant to the respondent-wife today in Court and the respondent has verified and accepted the same. The parties have agreed to close/quash/withdraw the various cases pending in respect of disputes between the parties. The withdrawal of the allegations made in M.C. No.65/2020, in which case the impugned judgment and decree dated 28.02.2022 was passed, has also been agreed upon with the resolve that the marriage be dissolved by mutual consent of the parties.

4.

We have perused the terms of the settlement and we find that the same reflects the intention of the parties to settle. The parties were married on 21.10.2013 in Siddeshwara Convention Hall, Tumkur and are residing separately since the year 2018. The terms of the settlement also envisage visitation rights of the appellant. We therefore, accept the memorandum of settlement.

5.

The application under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (HM Act), since the allegations therein have been withdrawn by the parties, is treated to be one under Section 13-B of the HM Act, and it is allowed accordingly in terms of the settlement dated 07.04.2026 entered into between the parties.

6.

The judgment and decree impugned dated 28.02.2022 in M.C. No.65/2020 passed by the Principal Judge, Family Court at Tumakuru is set aside. Accordingly, a decree for divorce on the ground of mutual consent shall issue in which the terms of the aforesaid settlement dated 07.04.2026 would be incorporated. The appeal is disposed of accordingly.

Pending I.As if any, stand disposed of.